the election, nine states have authorized same sex marriage. still at issue are benefits but the supreme court says they will also determine whether the government can deny benefits they took a federal case and a state case, it's going to be the big constitutional question. >> this law professor says if there's a swing vote o on the court, it's justice roberts. >> he's from a different generation. he's in a cultural sense, he's working with talented gay lawyers his entire career. he e knows gay people can raise children. >> and it was not revealed what justices voted to hear the case. arguments are expected to be heard in the spring with a ruling scheduled for june. >> governor jerry brown attended an event in oak lands where he made a brief comment o on the the decision o to review prop 8. >> i think the arguments have to be sglaed as the attorney general, brown has refusesed to defend proposition 8 saying it discriminates against same sex couples. >> today's decision affects thousands o of same sex cuppings in the bai bay area. patty talked to some of these couples. >> there was mixed